Expectations are low for Texas voter ID

Some doubt latest bid to curb voter fraudEven in counties with past cases, some fail to see usefulness of ID legislation

JOHN MACCORMACK, AUSTIN BUREAU

Published 6:30 am, Thursday, January 27, 2011

In South Texas, the region with the richest tradition of voter fraud in the state, few election officials believe a new law requiring all voters to have photo identification will do much to curb voting chicanery.

The Texas Senate approved the GOP-backed bill late Wednesday, plowing through more than 40 amendments to the bill before taking a final vote. After almost six hours of debate, the bill passed by a vote of 19-11.

The bill, declared an emergency issue by Gov. Rick Perry, also would increase penalties for voting illegally to mandatory jail time.

Republicans say the law is needed to prevent fraud. Democrats have long opposed the legislation, claiming it could disenfranchise voters who don't have photo IDs.

State law already requires voters to present a voter registration card, a photo ID or another form of identification, or sign an affidavit when they reach the polling place.

But in Jim Wells County, home to the most famous voter fraud case in state history, reactions to the idea of a tougher voter identification standard ranged from ambivalent to skeptical.

It was here, after all, that Lyndon B. Johnson narrowly beat Coke Stevenson in the 1948 Democratic primary for U.S. Senate with the help of ballots stuffed into Box 13. And, as a string of vote fraud cases over the years since confirm, the hanky panky hasn't slowed down much since.

"Here, everyone knows everyone, so the photo identification is not essential. I can see where it would help in larger counties, but I don't know how much it would accomplish here," said Pearlie Valadez, the county elections administrator.

"Most voter fraud would be in the mail-in ballots, and the elderly are targeted because they are vulnerable. A photo ID would not have any effect on fraud in early voting," she said.

2008 case

Three years ago, Joe Frank Garza lost a close race for re-election as Jim Wells County district attorney to Armando Barrera.

And like Stevenson — who in 1948 lost to Johnson by 87 votes out of almost a million cast - Garza remains convinced that cheating determined the outcome.

"Bottom line, I lost because of vote fraud. I would have won a clean race," Garza said.

Eventually, after an investigation by Attorney General Greg Abbott, three election workers pleaded guilty to misdemeanor offenses.

And, like Valadez, the former DA doesn't see a new voter identification law as the answer.

"Unless they change the way mail-in ballots are handled, no one will be looking at a photo ID. On the walk-in, yeah, it would help, but there's no doubt the problems will continue with the mail-in ballots," Garza said.

In nearby Calhoun County, where Port Lavaca City Councilwoman Debra Briseno was found guilty and sentenced to five years in prison for committing voter fraud during the 2006 election, the local administrator agreed.

"I think the new law, it can't hurt. Anyone can get a hold of a voter registration card and come in and vote. But it might keep some people who don't have a picture ID from voting. A lot of elderly people don't (have a picture ID)," said Dora Garcia, the county elections official.

And, she said, even requiring a picture ID is no guarantee the person is qualified to vote.

"A driver's license doesn't make you a U.S. citizen. And as far as illegals go, I don't think they care about voting unless they are pushed into it, like Briseno did," she said.

In Harris County, newly elected county clerk Stan Stanart has no experience with voter fraud, since he just took office.

But George Hammerlein, his assistant director, sees no problem with the proposed new law.

"Whatever the Legislature in its wisdom thinks will enhance the integrity of the vote, then we're for it," he said.

Hammerlein noted that early voters already have an opportunity to use their driver's licenses to prove place of residence.

Differing viewpoints

Voter fraud "is non-existent," he said. "Generally, I'm unaware of any cases of actual voter fraud - with the exception of 1948. We've had examples of improper handling of mail-in ballots but not of someone voting on a false identity, not only in Harris County but in the state of Texas."

Birnberg's Republican counterpart, Jared Woodfill, agreed that voter fraud in the county is not rampant, but he still favors voter ID legislation.

"There's always isolated instances," he said. "One time we had a precinct where voters outnumbered registered voters. Last fall, we had 50 different witness reports, but the reality is it's very difficult to prove."

Still, he said, a new law is important "to protect the integrity of the voting system. I just think this is a common-sense reform that Texans want."